Many Foreign Companies Are In Trouble Because Of The Principles Of China'S Trademark Law.

< p > when international companies want to push their products to < a href= "http:// www.sjfzxm.com/news/index_c.asp" > the Chinese market < /a >, they often have no choice, either to buy large amounts of money to buy trademarks, or to register new trademarks for products, or to fight for benefits through long and complicated litigation.

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< p > Australia's famous red wine brand "Ben Fu" is now in dispute over a Chinese trademark with a Chinese businessman who won a similar lawsuit last year with a wine dealer in France.

Experts say that for foreign companies that are not yet familiar with the world's largest consumer market, "Ben Fu" and many cases that have attracted much attention in recent years are cautions to remind foreign enterprises of the risks they will face.

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< p > many foreign enterprises are in a predicament because of the "first registration first" principle of China's < a href= "http:// www.sjfzxm.com/news/index_c.asp" > trademark law < /a >.

This is different from that in the United States and many Commonwealth countries. Applicants who have registered trademarks in these countries must indicate that they have been or are planning to use it in the commercial field.

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< p > in China < a href= "http:// www.sjfzxm.com/news/index_c.asp" > foreign enterprise < /a > there are also opportunities for challenge.

The first is to prove that the other party is a malicious preemptive act, which is actually blackmail.

Or show that the brand is already a well-known brand when it is registered by the other party.

But in practice, it is difficult for many enterprises to persuade the court.

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< p > recent notable trademark litigation cases include the upcoming electric vehicle Tesla lawsuit and Pfizer's failure to win the "Viagra" Chinese trademark war.

Celebrities were not "spared".

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< p > pop singer Justin Bieber and football star C Luo have been promoted by Chinese manufacturers from shoes to pesticide brands.

Two years ago, basketball legend Jordan sued the brand named "Jordan sports".

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< p > in fact, even the names of Jordan's two sons have been registered as trademarks by Chinese businessmen.

Legal experts believe that the Chinese Trademark Law, which is newly revised and effective from May this year, will make it easier for foreign companies to protect their trademarks.

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Stan Abrams, an Asian legal adviser, said that the relevant laws would improve the market environment, but the main reason for such disputes to be reduced is that many foreign companies now have a better understanding of how to operate in the Chinese market. P

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